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Family Law Appellate Court Opinion

by Greenlee, Rebecca

 

AC47229 - K. S. v. C. S. ("The plaintiff, K. S., appeals from the judgment of the trial court dissolving her marriage to the defendant, C. S., which included a finding of contempt against the plaintiff. On appeal, the plaintiff claims that the court improperly (1) entered an order in the judgment of dissolution prohibiting contact between the parties’ minor child and the plaintiff’s boyfriend, A, (2) awarded the defendant final decision-making authority with respect to the child’s medical and educational issues, (3) granted the defendant’s motion for contempt alleging violations of the court’s interim order prohibiting contact between the child and A, (4) ordered the plaintiff to pay attorney’s fees in connection with the defendant’s motions for contempt, (5) entered orders regarding child support, specifically challenging its factual findings as to the parties’ incomes, and (6) entered orders regarding the division of marital property, specifically challenging its factual finding regarding the equity in the marital home.

"We disagree with the plaintiff’s first and second claims. With respect to the third and fourth claims, we conclude that, although the court did not abuse its discretion in finding the plaintiff in contempt of its no contact interim order, its awards of attorney’s fees constituted an abuse of its discretion. Accordingly, we remand the case for reconsideration of the attorney’s fees awards. Finally, we agree with the plaintiff’s fifth and sixth claims and conclude that the court made clearly erroneous factual findings underlying its child support and division of marital property orders. Because these orders are not severable from the other financial orders, we reverse the judgment of the trial court with respect to the financial orders and remand this case for a new trial on all financial issues.")